Nevada Statutes § 293.909 Additional circumstances in which certain persons may petition to have personal information kept confidential

Statute Text

1. Any person who is not otherwise described in NRS 293.908 or a representative of a governmental agency, on behalf of a person who is an employee of the governmental agency and is not otherwise described in NRS 293.908 , may petition a district court to have personal information of the person that is contained in the records of the Secretary of State or a county or city clerk be maintained in a confidential manner. Any such a petition must be based on a sworn affidavit which sets forth sufficient justification for the request for confidentiality, including, without limitation:

(a) Evidence of the existence of a threat to the petitioner or the spouse, domestic partner or minor child of the petitioner and that such threat is mitigated by making the personal information contained in the records of the Secretary of State or a county or city clerk confidential; or

(b) Evidence that a threat has existed within the last 5 years to a person who holds a similar position as the petitioner and that such threat was mitigated by making the personal information contained in the records of the Secretary of State or a county or city clerk confidential; and

2. A petition filed pursuant to this section must be filed under seal and no filing fee may be charged.

3. The district court may order the personal information of the petitioner contained in the records of the Secretary of State or a county or city clerk to be confidential if, based on a preponderance of the evidence, the court finds:

(a) The existence of a threat to the petitioner or the spouse, domestic partner or minor child of the petitioner and that such threat is mitigated by making the personal information contained in the records of the Secretary of State or a county or city clerk confidential.

(b) That a threat has existed within the last 5 years to a person who holds a similar position as the petitioner and that such threat was mitigated by making the personal information contained in the records of the Secretary of State or a county or city clerk confidential.

4. Any order of a court requiring the personal information of a person contained in the records of the Secretary of State or a county or city clerk be maintained in a confidential manner pursuant to this section:

(a) Is sufficient for the person to request that any personal information set forth in the records of the Secretary of State or a county or city clerk subsequent to the court order be maintained in a confidential manner.

(b) Expires 5 years after the date of the order. The Secretary of State, county clerk and city clerk must notify the person at least 6 months before the expiration of the order. The person may submit a request to the district court to extend the order. Any such extension expires 5 years after the date of the extension.

5. Upon receipt of an order obtained pursuant to this section, the Secretary of State, county clerk and city clerk shall keep such information confidential and shall not:

(a) Disclose the confidential information to anyone, unless disclosure is specifically authorized in writing by that person or entity; or

(b) Post the confidential information on the Internet or its successor, if any, or make the information available to others in any other way.

6. As used in this section, "personal information" means:

(a) The home address of a person;

(b) The home address of the spouse, domestic partner or minor child of a person; and

Source

Added to NRS by 2023, 463

History

Added by 2023 , Ch. 93 , § 22 , eff. 5/30/2023 .